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The Following Pages Contain the Detailed Scoring for This Company Based on Publicly Available Information

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The Following Pages Contain the Detailed Scoring for This Company Based on Publicly Available Information The following pages contain the detailed scoring for this company based on publicly available information. The table below shows a summary of the company’s scores per section: Score Based on Section Number of Questions* Publicly Available Information 1. Leadership and Organisational Culture 4 5/8 2. Internal Controls 6 7/12 3. Support to Employees 7 4/14 4. Conflict of Interest 4 1/8 5. Customer Engagement 6 3/12 6. Supply Chain Management 5 3/10 7. Agents, Intermediaries and Joint Ventures 10 0/20 8. Offsets 4 0/8 9. High Risk Markets 4 3/8 10. State-Owned Enterprises 5 6/10 TOTAL 32 / 110 BAND E *This column represents the number of questions on which the company was eligible to receive a score; i.e. where the company did not receive a score of N/A. 1 1. Leadership and Organisational Culture Question 1.1. Does the company have a publicly stated anti-bribery and corruption commitment, which is authorised by its leadership? Score 2 Comments There is evidence that the company has a publicly stated anti-corruption commitment, which details the company’s stance against corruption within the organisation. It is clear that this commitment was authorised and endorsed by the company’s leadership. Evidence [1] Vigilance Manual- 2018 (Document) Accessed 07/08/2019 http://www.bel-india.in/Documentviews.aspx?fileName=BEL_Vigilance_Manual_2018.pdf [p.7] M.V.GOWTAMA CHAIRMAN & MANAGING DIRECTOR CMD’s FOREWORD Vigilance is an important management function. Vigilance is an essential organ of Management. Like other segments of management, its role is to take forward the organization in a healthy transparent environment. Vigilance aims at ensuring that decisions are taken by the officers and employees in the best interest of the company, and without being unduly influenced by personal temptations, and insensitivity to wastage of resources. Apart from taking up anti-corruption measures, watchfulness is also maintained against undue wastage of resources of the company. Vigilance advises the management on various aspects. Preventive vigilance is the modern tool of effective management, whereby frauds and scams are prevented before actually happening. Preventive vigilance calls for review of Rules, Procedures and Practices and it is to be exercised not only by the vigilance organization alone but in association with it. There is always an element of misconception regarding the functioning of vigilance. The main reason for this misconception is lack of knowledge about the working of vigilance, their internal rules and procedures. It is perceived that vigilance slows down the well progressing works and discourages the executives in taking bold decisions. However, most of the perceptions are based upon assumptions only which are far from reality. There is a need of disseminating the vigilance working to all concerned. ‘Vigilance Manual’ is one step towards this through which the vigilance working will be made known to everybody. This will be useful not only to the executives, but also to the vigilance officials who are inducted into the organisation. Vigilance Manual is an important document to enhance the transparency between executives and the vigilance. I congratulate Shri S. Shivakumar, IAS, CVO and his entire team of vigilance officials for their painstaking efforts in bringing out this Revised Vigilance Manual. [p.20] The following are the functions of the vigilance. […] Enhancing the image of the organization by striving for zero tolerance for corruption 2 [9] Board of Directors and Committees (Webpage) Accessed 07/08/2019 http://www.bel-india.in/ContentPage.aspx?MId=17&CId=531&LId=1&link=531 3 Question 1.2. Does the company have a comprehensive anti-bribery and corruption policy that explicitly applies to both of the following categories: a) All employees, including staff and leadership of subsidiaries and other controlled entities; b) All board members, including non-executive directors. Score 1 Comments There is evidence that the company publishes various anti-corruption policies: a Vigilance Manual; Principles and Policies of Business Responsibility; and a Code of Business Conduct and Ethics for Board Members and Senior Management. The Vigilance Manual specifies prohibition of bribery and payments to public officials and applies to all employees. The Principles and Policies of Business Responsibility specifies commercial bribery with regards to employees. The Code of Business Conduct and Ethics for Board Members and Senior Management, in which reference is made to corruption and ethics, applies to all board members, including non-executive directors. However, the company receives a score of ‘1’ because there is no evidence that any of the policies or codes specifically address or prohibit facilitation payments. Evidence [1] Vigilance Manual- 2018 (Document) Accessed 07/08/2019 http://www.bel-india.in/Documentviews.aspx?fileName=BEL_Vigilance_Manual_2018.pdf [p.7] M.V.GOWTAMA CHAIRMAN & MANAGING DIRECTOR CMD’s FOREWORD Vigilance is an important management function. Vigilance is an essential organ of Management. Like other segments of management, its role is to take forward the organization in a healthy transparent environment. Vigilance aims at ensuring that decisions are taken by the officers and employees in the best interest of the company, and without being unduly influenced by personal temptations, and insensitivity to wastage of resources. […] There is a need of disseminating the vigilance working to all concerned. ‘Vigilance Manual’ is one step towards this through which the vigilance working will be made known to everybody. This will be useful not only to the executives, but also to the vigilance officials who are inducted into the organisation. Vigilance Manual is an important document to enhance the transparency between executives and the vigilance. [p.19] The primary objective of vigilance is to protect the honest and punish the corrupt. [p.20] The following are the functions of the vigilance. […] Enhancing the image of the organization by striving for zero tolerance for corruption [p.26] 1.8 DEFINTIIONS OF VARIOUS TERMINLOGIES USED IN VIGILANCE 1.8.1 Public Servant Section 2 (c) of the Prevention of Corruption Act, 1988, defines the public servant as under:- 4 Any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956. 1.8.2 Fraud Fraud is not defined in Indian Penal Code but Section 17 of Indian Contract Act defines Fraud as means of the successful practice of deception with the intention of cheating. Deception is dishonest concealment of facts on the part of a person. The deceiver’s objective is to acquire or retain wrongful possession of property to which the other person has a rightful claim and is entitled to recovery by law. 1.8.3 Bribery Section 171B in The Indian Penal Code defines Bribery as (1) Whoever (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right or [p.27] (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right; commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. In short, Bribe is an amount received by a public servant other than his legal remuneration for the performance of his official duties. 1.8.4 Misconduct Misconduct is an act of violation of conduct rules of an Organization. To be construed in the light of the Company CDA Rules (applicable to executives) or Certified Standing Orders (applicable to each employees) as “Improper behaviour”, “intentional wrong doing”, “deliberate violation of rules or neglect of duty”. 1.8.5. Misappropriation A public servant (an Employee/Executive) who has appropriated property which does not belong to him for his own benefit or for the benefit of someone else for which it was not intended commits misappropriation. Here, an Employee/Executive has got a direct control over the money / property which has been entrusted to him/her and which he/she is holding as a trustee. [p.89] 6.8 DEFINITION OF VIGILANCE ANGLE As defined in the CVC Manual 2017, Vigilance angle is obvious in the following acts: (i) Demanding and / or accepting gratification other than legal remuneration in respect of an official act or for using his influence with any other official. (ii) Obtaining valuable thing, without consideration or with inadequate consideration from a person with whom he has or is likely to have official dealings or his subordinates have official dealings or where he can exert influence. (iii) Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant. (iv) Possession of assets disproportionate to his known sources of income. (v) Cases of misappropriation, forgery or cheating or other similar criminal offences. 5 6.8.1 There are, however, other irregularities where circumstances will have to be weighed carefully to take a view whether the officer’s integrity is in doubt.
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